If you are under 13 you may not participate unless your parent and/or legal guardian signs this Release.
You have voluntarily elected to participate in a virtual reality experience and related activities (the “Experience”) provided by, or on behalf of, Player One VR World LLC., a California corporation (the “Company”). As a condition to such participation, or the participation of any minor under the ages of thirteen (13) under your custody, supervision or control (the “Minor”), if applicable, you are required to sign this Waiver and Release of Liability (this “Release”). You and the Minor, if applicable, are sometimes referred to hereinafter individually as “Participant” and collectively as “Participants.”
In consideration for your participation in the Experience, and as a condition to such participation, by signing below, on behalf of yourself and any other person or entity claiming through you, including, but not limited to, your spouse, and you and your spouse’s respective heirs, executors, administrators and assigns, you hereby voluntarily:
Acknowledge that participation in the Experience and certain activities in which Participants will engage are potentially dangerous and involve serious risks, including, but not limited to, illness, nausea, motion sickness, serious injury, death and/or property damage.
Acknowledge that seeking professional medical advice prior to participating is recommended if any Participant has a medical condition that may be affected by the Experience.
Acknowledge that due to safety reasons, participation in the Experience may not be appropriate for pregnant women and persons suffering from epilepsy, heart conditions, hearing or visual impairments and other disabilities.
Acknowledge that Participants are not under the influence of drugs or intoxicated from alcohol. Drugs and/or intoxication from alcohol would impair Participant’s ability to maintain Participant’s safety awareness and/or endangers others. Participants understand that participating in the Experience while under the influence of drugs and/or intoxicated from alcohol is strictly prohibited.
Acknowledge that Participants will not smoke nor vape during the Experience. Participants understand that using cigarettes and/or e-cigarettes during the Experience is strictly prohibited.
Acknowledge and assume full responsibility (financial or otherwise) for any and all risks arising out of or in any way relating to the Participants’ involvement in the Experience, whether foreseeable or unforeseeable and whether caused by the negligence of the Company or any of its owners, officers, directors, employees, affiliates, partners, representatives, agents, contractors, licensors or landlords, or the officers, directors, employees, representatives, agents or assigns of any of the foregoing (collectively, the “Releasees”), whether or not such risks are specifically identified or referenced in this Release.
Assume full responsibility for the Participants’ adherence to the safety guidelines.
Acknowledge that there may be claims, risks or facts relating to the Experience that you are not currently aware of. You intend to grant the Releases a full and final release of all claims, whether known or unknown. You are aware of Section 1542 of the California Civil Code, which provides that:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
You expressly waive any rights that the Participants may have based upon Section 1542, as well as under any other statutes or common law principles of similar effect.
Release, discharge, waive and relinquish any and all actions or causes of action against the Company for personal injury (physical or psychological), property damage or wrongful death occurring to the Participants arising out of or relating to any involvement in the Experience or any activities incidental thereto, wherever or however the same may occur and for whatever period such activities may continue, including, but not limited to, actions or causes of action arising out of or in any way relating to activities in which you participate during the Experience, actions or causes of action arising out of or in any way relating to the failure of others to follow the safety guidelines of the Experience and actions or causes of action arising out of or in any way relating to activities to which you are exposed during the Experience which you independently attempt to replicate after your participation in the Experience.
You understand that the Participants may be photographed, videoed or recorded (the “Recordings”) during the Experience and you hereby grant Company and its affiliates permission to use the Recordings, including the Participants’ likeness, in their sole discretion for research, promotional and marketing purposes in any and all media, now known or hereafter devised, without compensation.
Agree that the Participants are in good health and have no medical conditions that may be adversely affected by the Participants’ involvement in the Experience.
Agree that this Release shall be governed by the laws of California, without reference to conflict of law principles thereof, and you submit to the personal and exclusive jurisdiction of the federal and state courts of California to resolve any dispute arising out of or relating to the Company or any Participant’s involvement in the Experience.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ONLY ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
By signing this waiver, the undersigned attests that all information provided in connection with Player One VR World is true and accurate. You agree that if any information is found to be intentionally misleading, false, or fabricated, they may be subject to immediate dismissal from Player One VR World without refund or compensation. Furthermore, you agree to indemnify and hold harmless Player One VR World from any claims, liabilities, damages, or expenses incurred as a result of any such false or misleading information provided.
If any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement will remain in full force and effect.
By signing (electronically or physically), you agree on behalf of the Participants, if applicable, (i) that you have read and fully understand this Release in its entirety and that this Release cannot be modified orally, (ii) that you are giving up substantial legal rights by signing this Release, including the right to recover damages in case of injury, death or property damage, (iii) that you are aware of the legal consequences of signing this Release, (iv) that you have signed this Release freely and voluntarily without any inducement, assurance or guarantee being made to you and (v) that you intend for this Release to be a complete and unconditional release of all liability of the Releases to the greatest extent allowed by law. You acknowledge that you understand the risks associated with participating in the Experience and have had the opportunity to personally discuss with a representative of the Company the potential risks and dangers incidental to participating in the Experience.
If a Participant is under 13 years old and participates in the Experience, we may collect from this Minor your online contact information, name and the Minor’s name in order to obtain this Release and your consent, as required, for the collection, use, or disclosure of the Minor’s information. We will not collect, use, or disclose any personal information from the Minor if you do not provide your consent. When a Minor participates in the Experience, we collect his or her name, date of birth, gender, avatar ID and ticket ID in order to check in and associate that Minor with a particular avatar during the Experience. We will collect, use and disclose the information in accordance with our Privacy Policy [https://playeronevrworld.com/privacy/]. By signing this Release, you provide your verifiable consent to the collection, use, and disclosure of the Minor’s information. If you do not provide your consent, we will delete your online contact information from our records if it differs from the contact information you already provided to us (e.g., to purchase tickets or sign up for a newsletter).
Parent and/or Legal Guardian: I verify that I am the parent and/or legal guardian of the Minor, and that I have the authority to enter into this agreement on behalf of the Minor, if applicable.
By signing here and clicking I Agree, I consent to the terms of this Release and Player One VR World’s Privacy Policy and Terms of Use.
https://playeronevrworld.com/privacy/
https://playeronevrworld.com/terms/
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